access to justice for all Rwandans but more so for the indigent 18. The Government has also continuously provided free legal representation to vulnerable such as children and other peoples who cannot afford legal counsel of their choice19. 89. The International Criminal Tribunal for Rwanda (ICTR) and other foreign courts attested to Rwanda’s truck record of respecting the right to fair trial before transferring the accused to Rwandan courts for trial of genocide cases. Transfer of cases at the ICTR, were governed by Rule 11 bis of ICTR Rules of Procedure and Evidence20 which lays down a number of requirements that a country requesting a transfer has to fulfil. 90. When determining whether to refer the case in accordance with paragraph (A) of Rule 11 bis of the ICTR, the Trial Chamber had to satisfy itself that the accused will receive a fair trial in the courts of the State concerned and that the death penalty will not be imposed or carried out and this includes the guarantee of accused right to a fair trial. Rwanda has so far recieved three (3) cases from the ICTR, namely UWINKINDI Jean, MUNYAGISHARI Bernard and NTAGANZWA Ladislas. Three cases from other countries namely Dr MUGESERA Leon from Canada, BANDORA Charles from Norway and MBARUSHIMANA Emmanuel from Denmark. 91. The government of Rwanda has afforded all the transferred persons from the foreign jurisdiction with legal assistance, a demonstration of the Country’s commitment to ensure the right to fair trial. In the The Prosecution v. Uwinkindi Jean, both the defense and prosecution invoked the right to fair trial. The accused submitted that he had a right to choose counsel in his exercise of the right to legal counsel refering to article 14 of the ICCPR. The Prosecution responded to the accused’s revocation request dated 04/09/2015 by making reference to Article 14(3) (d) of the ICCPR to explain the extent of an accused person’s right to choose Counsel when the accused is relying on legal aid. The subsequent decision of the International Crimes Chamber of the High Court which adjudicated this issue also made reference to the said Article 14 of the ICCPR. Article 39 nº 30/2013 of 24/5/2013 Law relating to the code of criminal procedure Justice for children policy of 2014; Intergated Child Policy 2011 20 ICTR Rules of Procedure and Evidence as amended on 14 March 2008 (hereinafter ICTR Rules of Procedure). 18 19 Page 33 of 105

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